December 11, 2003


Stricter Fire Safety Rules Passed by Council

By Councilmember Ken Yeager
Special to the Times

The day after the fire at Gardner Academy, I attended a meeting of concerned parents and residents. Also at the meeting was Councilwoman Cindy Chavez, acting Fire Chief Dale Foster, and firefighters and command staff from Fire Station 30 on Auzerais Ave., the first unit on the scene.

Listening to the firefighters recount their efforts, I was reminded how quickly fires spread, how hard it is to extinguish them, and the destruction they leave behind. It confirmed my belief that the city must be always be vigilant in protecting lives and property from deadly fires.

Fire safety was much on my mind during the Gardner meeting because I knew the following Tuesday the City Council would be debating new fire safety rules.

City staff has been reviewing our fire regulation ever since the Santana Row fire. Because Santana Row and the residents in the Moorpark Apartments live in my Council District, I have taken the lead on advocating for tougher standards.

I was pleased that the City Council passed the new regulations unanimously. I believe they will go a long ways to protect large wood structures during construction. Acting Fire Chief Foster believes that the new fire safety rules may have contained, if not prevented, the Santana Row fire.

One of the new rules is that no building permit shall be issued for wood-framed construction over 50,000 sq. feet until a fire protection plan has been submitted and approved by the fire chief. Some elements of the plan include construction sequencing and off-hour security.

Of course, a plan is only as good as it is implemented. To this end, the city will require the developer to designate a fire safety officer. It will be this person’s responsibility to monitor and document fire safety requirements.
This person will be on-site during all activities that include welding and the use of open torches.
The safety officer will make sure that equipment like fire extinguishers, fire hydrants, and standpipes are in place and operational. The fire safety officer will also monitor the use and storage of flammable liquids and make sure debris is promptly removed.

Probably the most significant new requirement is for mitigating fire barriers to be installed while the structure is still under construction.

Fire barriers are basically gypsum board or other fire resistive material installed on walls to separate large areas, thereby slowing the spread of fire. This requirement only applies to the largest structures under construction, like Santana Row, because these have the greatest quantities of unprotected wood framing.

With the enactment of these measures, San Jose will become a leader in the country in setting fire safety standards during construction. While Gardner Academy would not have been affected by the new standards because schools are governed by state, not city, codes, our fire department will analyze the blaze to see if any additional recommendations should be made to the state to better protect school buildings.

During the holiday season, my thoughts are with the students, staff, and parents of Gardner Academy. I look forward to the day it is rebuilt and the lives of the students and staff are made whole again.
Wishing you the best of the season.